AT773671CRV - Community Pharmacy Award 1998 [Transitional]
Note: The Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2005 provides that individual employees generally have the opportunity to choose their own superannuation funds. For further information see the AIRC guidance note — Choice of Superannuation Funds and Award Provisions. |
18.1 The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.
18.2 Specification of Fund
18.2.1 Superannuation contributions made in accordance with the Superannuation Guarantee (Administration) Act 1992 shall be placed in one of the following funds, as nominated by the employee, the Guild Super Fund, the Professional Employees Superannuation Fund, the Health Employees Superannuation Trust of Australia (in Western Australia only), or the Retail Employees Superannuation Trust, or any other fund to which contributions were made in respect of employees employed prior to 28 August 1997. All of these funds are required to comply with provisions of the Superannuation Industry (Supervision) Act 1993.
18.2.2 The employer must give each employee a “key features” statement about each fund, prepared by the relevant funds, together with relevant application forms.
18.2.3 An employee may change their nominated fund and the employer must act on the nomination if more than twelve months has elapsed since acting on the employees previous nomination.
18.3 Quantum of Contributions
18.3.1 An employer shall contribute to a superannuation fund as specified in 18.2.1 on behalf of each eligible employee, such superannuation contributions as required to comply with the Superannuation Guarantee (Administration) Act 1992 as amended from time to time:
18.3.1(a) 6% on behalf of each eligible employee:
18.3.1(b) thereafter:
from 1 July 1998 |
7% |
from 1 July 1999 |
7% |
from 1 July 2000 |
8% |
from 1 July 2001 |
8% |
from 1 July 2002 |
9% |
18.3.2 Contributions on behalf of each eligible employee shall apply from the date of the employee’s commencement of employment with the employer.
18.3.3 An eligible employee shall mean any employee who has earned a minimum of $450.00 or more in any calendar month. Such employees shall only be deemed to be an eligible employee in those calendar months as defined in the Superannuation Guarantee Charge Act 1992, where the minimum earning requirement is met. Provided that employees who are aged 70 or over are exempt from superannuation contributions.
18.3.4 An employer shall make a 3% superannuation contribution to a superannuation fund as specified in 18.2.1 on behalf of all employees who do not meet the eligibility criteria contained in the Superannuation Guarantee (Administration) Act 1992.
18.4 Notional earnings base
The employee’s “notional earnings base” for the purpose of the Superannuation Guarantee (Administration) Act 1992 shall be the employee’s “ordinary time earnings”, which shall include classification rates, overaward payments, casual loadings, penalty rates (excluding overtime rates) shift loadings, performance based bonuses and allowances.
18.5 Additional Employee Contributions
18.5.1 An employee may make contributions to the fund in addition to those made by the respondent employer under 18.3.1.
18.5.2 An employee who wishes to make additional contributions must authorise the respondent employer in writing to pay into the fund, from the employee’s wages, a specified amount in accordance with the fund trust deed and rules.
18.5.3 An employer who receives written authorisation from the employee, must commence making payments into the fund on behalf of the employee, in accordance with 18.6, within fourteen days of receipt of the authorisation.
18.5.4 An employee may vary his or her additional contributions by a written authorisation and the employer must alter the additional contributions, in accordance with 18.6, within fourteen days of receipt of the authorisation.
18.6 Frequency of payment
Employer and employee contributions shall be paid to the fund monthly.
18.7 Statement of contributions
The employer will provide, at the employees request, a statement of the contribution paid on the employees behalf to the fund for the previous financial year. This statement will be provided as early as possible after the end of the financial year but need not be provided if the employees pay slips contain the relevant information.
